JUDGMENT

B. Dayal, J. - This election petition has been referred to this Division Bench by a learned single Judge of this Court. The petitioner Jagdish Pd. was elected Sarpanch of the Nyaya Panchayat Amanabad in the elections held on the 29 the of August, 1962. Respondent No. 1 Allah Dia was the rival candidate. After the elections, Allah Dia filed an election petition on the 15th of October, 1962. The petition was thus made more than thirty days after the elections which took place on the 29th of August, 1962 but within 45 days of such elections. An objection was taken that the election petition was beyond time as the time for making such petitions was 30 days under Rule 26 of the U.P. Panchayat Raj Rules, The contention of the respondent was that the election petition was within time as under Rule 24 of the said Rules 45 days was prescribed for making a petition. This contention of the respondent was accepted by the Sub-Divisional Officer and hence this petition.

2. The whole argument depends upon an interpretation of Sec. 12-D and 12-C of the U.P. Panchayat Raj Act read with Rules 24, 26 and 83-B of the Rules framed thereunder. Sec. 12-C merely prescribes for applications challen